Consumers today may want privacy over location records, the court acknowledged: "But the recourse for these desires is in the market or the political process: in demanding that service providers do away with such records (or anonymize them) or in lobbying elected representatives to enact statutory protections".
An alternative approach could be to enact statutory language that generally prohibits trading on the basis of material non-public information but provide a statutory affirmative defense for those able to prove that they have used their own skill and work product to piece together pieces of information which in the aggregate would constitute material non-public information.
"Few principles of statutory construction are more compelling than the proposition that Congress does not intend sub silentio to enact statutory language that it has earlier discarded in favor of other language". INS v. Cardoza Fonseca, 480 U. S., at 442-443 (citatiomittedtted).
One of them is that Member States are perfectly well able to enact statutory safeguards against racism, in other words EU action in this area is fundamentally at odds with the subsidiarity principle.
The paper concludes that the resulting separation of legislator responsibility from legislative result (viz. the statutory text) enables Congress to enact binding statutory details through a process other than the one prescribed by the Constitution.
His speech at New York University was a mischievous attack on efforts to enact strong statutory reforms that would prevent another Enron disaster.
First, the prospect that legislation will influence Fourth Amendment rulings under influence or displacement can limit the legislature's ability to enact helpful statutory protections beyond the Fourth Amendment.
It is manifest that it was not left to the legislative power to enact any process which might be devised.
"The government needs to restore and strengthen the federal budget process by, among other things, enacting statutory pay-as-you-go requirements for both spending and revenues," said the letter, which was signed by Senator Max Baucus, Democrat of Montana, as well as Senator John McCain, Republican of Arizona, and Senator Lindsey Graham, Republican of South Carolina.
In a parliamentary session where the government's legislative programme looks so thin, it is surprising such far-reaching changes – mainly to criminal legal aid – have not been included in a bill; ministers expect to enact them through statutory instrument.
This paper proposes three-layer architecture to enact a common Business Process by means of Web Services.
